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Idaho Release of Lien by Posting of Surety Bond - Individual

Idaho Surety Bond Form

Category:

Liens - Construction - Mechanics

State:

Idaho

Control #:

ID-02-09

Format:

Instant download

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Description

Idaho law contains several lengthy provisions regarding the process by which a party may commence a legal action to have a lien released by posting a surety bond. Filing an action under most of these statutes requires the services of an attorney. However, Idaho statutes also provide a standard form which may be filed to show that a party with an interest in the property has obtained a surety bond. Idaho Code §45-519.

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How to fill out Idaho Release Of Lien By Posting Of Surety Bond - Individual?

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FAQ

A surety bond document is a legally binding agreement that ensures a party will fulfill its obligations. In the case of the Idaho surety bond form, it acts as a safeguard for compliance with rules and regulations. This document typically involves three parties: the principal, the obligee, and the surety. When you use the Idaho surety bond form, you provide assurance that your obligations will be met.

Filing a surety claim involves notifying the surety company about the default or breach of contract. You will need to complete the required documentation, which often includes the Idaho surety bond form, and provide supporting evidence for your claim. Following your initial contact, the surety will investigate the circumstances before making a decision. Utilizing professional guidance can streamline this process and help ensure that your claim is filed correctly.

To obtain a surety bond in Idaho, you first need to fill out the appropriate application, which can often be done online. You may also want to gather necessary documents, such as financial statements or business licenses. Once you submit your application, the surety will review it and provide a quote. By using the Idaho surety bond form available at uslegalforms, you simplify the process and ensure compliance with state regulations.

A $1000 surety bond means that the surety guarantees up to $1000 in compensation for the obligee if the principal fails to meet their obligations. This bond essentially provides a financial safety net for the obligee, ensuring they will be compensated for potential losses. Understanding this concept helps you recognize the level of security offered by the Idaho surety bond form.

Filling out a surety bond application involves providing details about the principal and the obligations they are undertaking. You will need information such as the amount of the bond and the terms of the agreement. It is crucial to use accurate and complete data to avoid delays. To make this process easier, visit uslegalforms for the Idaho surety bond form, and follow their step-by-step instructions.

Surety bonds work by providing a financial safety net. If a person or business does not complete a job or follow the law, the surety bond protects the other party by compensating them for any losses. Think of it as a promise that ensures parties keep their commitments. For your specific needs, using the Idaho surety bond form streamlines this process.

Once you fill out the Idaho surety bond form, you will submit it to your chosen bond provider. They will review your application and verify your information. After approval, you will receive your surety bond, typically by mail or electronically. US Legal Forms can assist you at every step, ensuring you have a seamless experience from form completion to bond delivery.

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Release of Lien by Posting of Surety Bond - Individual

Note: This summary is not intended to be an all inclusive discussion of Idaho's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Idaho law permits "Every person, ..., performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, to have a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter provided, and the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner..." Idaho Code Â§ 45-501.

How long does a party have to file a lien?

A party seeking to claim a lien must file a claim of lien within ninety (90) days after the completion of the labor or services or furnishing of materials. Idaho Code Â§ 45-507.

What kind of notice is required prior to filing a lien?

Idaho statutes do not require an additional filing or notice other than the lien claim itself.

By what method is a lien filed in this State?

A Claim of Lien must be filed containing a statement of the claimant's demand, the names of relevant parties, and a property description. It must be verified by the oath of the claimant and a copy must be served personally or by certified mail to the property owner. Idaho Code Â§ 45-507.

How long is a lien good for?

A party seeking to assert a lien must begin legal proceedings to enforce the lien within six (6) months after the claim of lien has been filed, or, if "a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension."

Are liens assignable?

Idaho statutes on construction liens do not specifically speak as to whether liens may be assigned to other parties.

Does this State require a notice prior to starting work, or after work has been completed?

No. Idaho statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Idaho statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Idaho statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

Does this State permit the use of a bond to release a lien?

Yes. Idaho has several provisions for the release of a lien after the proper filing of a bond. However, the filing of a petition and a hearing before a judge in the appropriate court is required before obtaining an order releasing the lien.